{"id":375045,"date":"2018-03-05T13:24:47","date_gmt":"2018-03-05T18:24:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-perjury-laws.html"},"modified":"2018-03-05T13:24:47","modified_gmt":"2018-03-05T18:24:47","slug":"new-jersey-perjury-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-perjury-laws.html","title":{"rendered":"New Jersey Perjury Laws"},"content":{"rendered":"\n
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New Jersey Perjury Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You and your best friend are out shopping when you notice your friend quickly and discreetly tuck a $350 watch into his pants. He gives you the universal sign for silence, after which you both look around to make sure no one saw you. Sure enough, someone must have seen something because you both are detained by an off-duty officer as you attempt to walk out of the store. Your friend is charged with shoplifting and you are subpoenaed by the prosecution as a witness. You don’t want to get busted for your friend’s actions, so you tell the prosecutor under oath that you had no idea he was shoplifting. Problem is, security camera footage clearly shows your involvement in the crime.<\/p>\n

Since you wrote the false statement asserting your non-involvement in the crime, you have just committed perjury<\/a>. That means you may be facing time in prison for perjury in addition to any charges related to being an accomplice to your friend’s crime.<\/p>\n

Perjury may not seem like a big deal at first glance, but a functioning justice system requires a certain level of honesty. The following is a summary of New Jersey’s perjury laws.<\/p>\n

New Jersey Perjury Laws at a Glance<\/h2>\n\n

Statute<\/b><\/p>\n<\/td>\n

New Jersey Code of Criminal Justice 2C \u00a7 28-1<\/a><\/p>\n<\/td>\n<\/tr>

Statutory Definition of Perjury<\/b><\/p>\n<\/td>\n

A person is guilty of perjury if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.<\/p>\n<\/td>\n<\/tr>

Crime Classifications, Sentences, and Penalties<\/b><\/p>\n<\/td>\n

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  • Perjury in General:<\/i><\/b> Crime in the 3rd Degree (between 3 and 5 years in prison and a fine of up to $15,000).<\/li>\n
  • Affirming a Previous Statement Known to be False as True (False Swearing):<\/i><\/b> Crime in the 4th Degree (up to 18 months in prison and a fine of up to $10,000).<\/li>\n
  • Making Written False Statement Pursuant to Certain Forms:<\/i><\/b> Crime in the 4th Degree.<\/li>\n
  • Attempt to Mislead Public Servants:<\/i><\/b> Disorderly persons offense (up to 6 months in jail and\/or fine of up to $1,000).<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Defenses to Perjury Charges<\/b><\/p>\n<\/td>\n

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  • Did not knowingly<\/i> make false statement<\/li>\n
  • False statement made under duress<\/li>\n
  • Statement was not false<\/li>\n
  • You were not under oath<\/li>\n
  • False statement was not material<\/li>\n
  • You recanted your false statement<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Offenses<\/b><\/p>\n<\/td>\n